[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5017-S5019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2724. Mr. PETERS (for himself and Mr. Romney) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SECTION 1095. GOVERNMENT SPENDING OVERSIGHT.
(a) In General.--Section 424 of title 5, United States
Code, is amended by adding at the end the following:
``(f) Government Spending Oversight Committee.--
``(1) Definitions.-- In this subsection:
``(A) Agency.--The term `agency' has the meaning given the
term in section 551 of this title.
``(B) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committees on Appropriations of the Senate and
the House of Representatives;
``(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(iii) the Committee on Oversight and Accountability of
the House of Representatives; and
``(iv) any other relevant congressional committee of
jurisdiction.
``(C) Chairperson.--The term `Chairperson' means the
Chairperson of the Committee.
``(D) Committee.--The term `Committee' means the Government
Spending Oversight Committee established under paragraph (2).
``(E) Covered funds.--The term `covered funds' means--
``(i) any funds, including loans, that are made available
in any form to any non-Federal entity or individual, under--
``(I) division A or B of the CARES Act (Public Law 116-
136);
``(II) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-123);
``(III) the Families First Coronavirus Response Act (Public
Law 116-127);
``(IV) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139);
``(V) division M or N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260);
``(VI) the American Rescue Plan Act of 2021 (Public Law
117-2);
``(VII) any loan guaranteed or made by the Small Business
Administration, including any direct loan or guarantee of a
trust certificate, under the Small Business Act (15 U.S.C.
631 et seq.), the Small Business Investment Act of 1958 (15
U.S.C. 661 et seq.), or any other provision of law;
``(VIII) unemployment compensation, as defined in section
85 of the Internal Revenue Code of 1986;
``(IX) the Infrastructure Investment and Jobs Act (Public
Law 117-58);
``(X) Public Law 117-169 (commonly known as the `Inflation
Reduction Act');
``(XI) the Honoring our PACT Act of 2022 (Public Law 117-
168); or
``(XII) the CHIPS Act of 2022 (division A of Public Law
117-167 (commonly known as the `CHIPS and Science Act of
2022'));
``(ii) any Federal grant of not less than $50,000; and
``(iii) any intramural payment made Government wide for
research activity.
``(2) Establishment.--There is established within the
Council the Government Spending Oversight Committee to
promote transparency and conduct and support oversight of
covered funds to--
``(A) prevent and detect fraud, waste, abuse, and
mismanagement; and
``(B) mitigate major risks that cut across programs and
agency boundaries.
``(3) Chairperson.--The Chairperson of the Committee--
``(A) shall be selected by the Chairperson of the Council
from among Inspectors General appointed by the President and
confirmed by the Senate; and
``(B) should have experience managing oversight of large
organizations and expenditures.
``(4) Membership.--The members of the Committee shall
include--
``(A) the Chairperson;
``(B) the Inspector General of the Department of Labor;
``(C) the Inspector General of the Department of Health and
Human Services;
``(D) the Inspector General of the Small Business
Administration;
``(E) the Inspector General of the Department of the
Treasury;
``(F) the Inspector General of the Department of
Transportation;
``(G) the Treasury Inspector General for Tax
Administration;
``(H) the Inspector General of the Department of Veterans
Affairs;
``(I) the Inspector General of the Department of Commerce;
``(J) the Inspector General of the Department of Justice;
``(K) the Inspector General of the Department of Defense;
``(L) the Inspector General of the Department of Education;
``(M) the Inspector General of the Department of Homeland
Security; and
``(N) any other Inspector General, as designated by the
Chairperson, from any agency that expends or obligates
covered funds.
``(5) Executive director.--
``(A) In general.--There shall be an Executive Director of
the Committee.
``(B) Appointment; qualifications.--The Executive Director
of the Committee shall--
``(i) be appointed by the Chairperson, in consultation with
the majority leader of the Senate, the Speaker of the House
of Representatives, the minority leader of the Senate, and
the minority leader of the House of Representatives;
``(ii) have demonstrated ability in accounting, auditing,
financial analysis, law, management analysis, public
administration, or investigations;
``(iii) have experience managing oversight of large
organizations and expenditures; and
``(iv) be a full-time employee of the Committee.
``(C) Duties.--The Executive Director of the Committee
shall--
``(i) report directly to the Chairperson;
``(ii) appoint staff of the Committee, subject to the
approval of the Chairperson, consistent with this subsection;
``(iii) supervise and coordinate Committee functions and
staff; and
``(iv) perform any other duties assigned to the Executive
Director by the Committee.
``(D) Notice.--The Chairperson shall provide notice to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability
of the House of Representatives when appointing or removing
the Executive Director of the Committee.
``(6) Prohibition on additional compensation.--Members of
the Committee may not receive additional compensation for
services performed.
``(7) Duties of the committee.--
``(A) In general.--The Committee shall conduct oversight of
covered funds and support Inspectors General in the oversight
of covered funds in order to--
``(i) detect and prevent fraud, waste, abuse, and
mismanagement; and
``(ii) identify major risks that cut across programs and
agency boundaries.
``(B) General functions.--The Committee, in coordination
with relevant Inspectors General, may--
``(i) provide support to, and collaborate with, relevant
Inspectors General in conducting investigations, audits, and
reviews relating to covered funds, including through--
``(I) data analytics;
``(II) the sharing of data, tools, and services;
``(III) the development and enhancement of data practices,
analysis, and visualization; and
``(IV) any other appropriate means as determined by the
Committee;
``(ii) provide analytical products to agencies, in
coordination with Inspectors General, to promote program
integrity, prevent improper payments, and facilitate
verification efforts to ensure proper expenditure and
utilization of covered funds;
``(iii) review the economy, efficiency, and effectiveness
in the administration of, and the detection of fraud, waste,
abuse, and mismanagement in, programs and operations using
covered funds;
``(iv) review whether there are appropriate mechanisms for
interagency collaboration relating to the oversight of
covered funds, including coordinating and collaborating to
the extent practicable with State and local government
entities; and
``(v) expeditiously report to the Attorney General any
instance in which the Committee has reasonable grounds to
believe
[[Page S5018]]
there has been a violation of Federal criminal law.
``(C) Additional functions.--The Committee may provide
investigative support to prosecutive and enforcement
authorities to protect program integrity and prevent, detect,
and prosecute fraud of covered funds.
``(D) Reporting.--
``(i) Alerts.--The Committee shall submit to the President
and Congress, including the appropriate congressional
committees, management alerts on potential management, risk,
and funding problems that require immediate attention.
``(ii) Reports and updates.--The Committee shall submit to
Congress such other reports or provide such periodic updates
on the work of the Committee as the Committee considers
appropriate on the use of covered funds.
``(iii) Biannual reports.--The Committee shall submit
biannual reports to the President and Congress, including the
appropriate congressional committees, and may submit
additional reports as appropriate summarizing the findings of
the Committee and any recommended changes to the scope of
covered funds.
``(iv) Public availability.--All reports submitted under
this subparagraph shall be made publicly available and posted
on the website established under paragraph (16).
``(v) Redactions.--Any portion of a report submitted under
this paragraph may be redacted when made publicly available,
if that portion would disclose information that is not
subject to disclosure under sections 552 and 552a of this
title, or is otherwise prohibited from disclosure by law.
``(E) Recommendations.--
``(i) In general.--The Committee shall make recommendations
to agencies on measures to prevent or address fraud, waste,
abuse, and mismanagement, and to mitigate major risks that
cut across programs and agency boundaries, relating to
covered funds.
``(ii) Report.--Not later than 30 days after receipt of a
recommendation under clause (i), an agency shall submit a
report to the President and the appropriate congressional
committees on--
``(I) whether the agency agrees or disagrees with the
recommendations; and
``(II) any actions the agency will take to implement the
recommendations, which shall also be included in the report
required under section 2(b)(3) of the GAO-IG Act (31 U.S.C.
1105 note; Public Law 115-414).
``(8) Authorities.--
``(A) In general.--In carrying out the duties and functions
under this subsection with respect to the oversight of
covered funds, the Committee shall--
``(i) carry out those duties and functions in accordance
with section 404(b)(1) of this title;
``(ii) in coordination with relevant Inspectors General,
have the authorities provided under and be subject to
paragraphs (1) through (4) of subsection (a) and subsections
(h), (j), and (k) of section 406;
``(iii) be considered to be conducting civil or criminal
law enforcement activity for the purposes of section
552a(b)(7) of this title; and
``(iv) for the purposes of sections 552 and 552a of this
title, be considered to be a component which performs as its
principal function an activity pertaining to the enforcement
of criminal laws, and its records may constitute
investigatory material compiled for law enforcement purposes.
``(B) Limitation on subpoena authority.--When carrying out
subpoena authority under section 406(a)(4) of this title, the
following limitations shall apply to the Committee:
``(i) Any subpoena issued under this subsection shall be
signed by the Chairperson, and this power is non-delegable.
``(ii) On a quarterly basis, the Committee shall notify the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability
of the House of Representatives of any subpoenas issued
during the preceding quarter.
``(iii) The authority to issue a subpoena under this
subsection shall terminate on the date that is 5 years after
the effective date of this subsection.
``(9) Refusal of information or assistance.-- Whenever
information or assistance requested by the Committee or an
Inspector General on the Committee is unreasonably refused or
not provided, the Committee shall immediately report the
circumstances to the appropriate congressional committees.
``(10) Use of existing resources.--The Committee shall
leverage existing information technology resources within the
Council, such as oversight.gov and those developed by the
Pandemic Response Accountability Committee established under
section 15010 of the CARES Act (Public Law 116-136; 134 Stat.
533), to carry out the duties of the Committee.
``(11) Contracts.--The Committee may enter into contracts
to enable the Committee to discharge its duties, including
contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary
to carry out the duties of the Committee.
``(12) Subcommittees.--The Committee may establish
subcommittees to facilitate the ability of the Committee to
discharge its duties.
``(13) Transfer of funds, assets, and obligations.--
``(A) Funds.--The Committee may transfer funds appropriated
to the Committee--
``(i) for expenses to support administrative support
services and audits, reviews, or other activities related to
oversight by the Committee of covered funds to any Office of
the Inspector General or the General Services Administration;
and
``(ii) to reimburse for services provided by the Council.
``(B) Assets and obligations.--
``(i) Assets defined.--In this subparagraph, the term
`assets' includes contracts, agreements, facilities,
property, data, records, unobligated or unexpended balances
of appropriations, and other funds or resources (other than
personnel).
``(ii) Transfer.--Upon the effective date of this
subsection, the assets and obligations held by or available
in connection with the Pandemic Response Accountability
Committee established under 15010 of the CARES Act (Public
Law 116-136; 134 Stat. 533) shall be transferred to the
Committee.
``(14) Additional staff.--
``(A) In general.--Subject to subparagraph (B), the
Committee may exercise the authorities of subsections (b)
through (i) of section 3161 of this title (without regard to
subsection (a) of that section) to meet temporary or urgent
needs of the Committee under this subsection, as certified by
the Chairperson to the appropriate congressional committees
that such temporary or urgent needs exist, as if the
Committee were a temporary organization.
``(B) Head of organization.--For purposes of exercising the
authorities described in subparagraph (A), the term
`Chairperson' shall be substituted for the term `head of a
temporary organization'.
``(C) Consultation.--In exercising the authorities
described in subparagraph (A), the Chairperson shall consult
with members of the Committee.
``(D) Additional detailees.--In addition to the authority
provided by section 3161(c) of this title, upon the request
of an Inspector General, the Committee may detail, on a
nonreimbursable basis, any personnel of the Committee to that
Inspector General to assist in carrying out any audit,
review, or investigation pertaining to the oversight of
covered funds.
``(E) Limitations.--In exercising the employment
authorities under section 3161(b) of this title, as provided
under subparagraph (A) of this paragraph--
``(i) section 3161(b)(2) of this title (relating to periods
of appointments) shall not apply; and
``(ii) no period of appointment may exceed the date on
which the Committee terminates.
``(F) Competitive service.--A person employed by the
Committee shall acquire competitive status and conditional
tenure for appointment to any position in the competitive
service for which the employee possesses the required
qualifications upon the completion of 2 years of continuous
service as an employee under this subsection.
``(G) Annuitants.--
``(i) In general.--The Committee may employ annuitants
covered by section 9902(g) of this title for purposes of the
oversight of covered funds.
``(ii) Treatment of annuitants.--The employment of
annuitants under this paragraph shall be subject to the
provisions of section 9902(g) of this title, as if the
Committee were the Department of Defense.
``(15) Provision of information.--
``(A) Requests.--Upon request of the Committee for
information or assistance from any agency or other entity of
the Federal Government, the head of such entity shall,
insofar as is practicable and not in contravention of any
existing law, and consistent with section 406 of this title,
furnish such information or assistance to the Committee, or
an authorized designee, including an Inspector General
designated by the Chairperson.
``(B) Inspectors general.--Any Inspector General
responsible for conducting oversight related to covered funds
may, consistent with the duties, responsibilities, policies,
and procedures of the Inspector General, provide information
requested by the Committee or an Inspector General on the
Committee relating to the responsibilities of the Committee.
``(16) Website.--
``(A) In general.--Not later than 30 days after the
effective date of this subsection, the Committee shall
establish and maintain a user-friendly, public-facing
website--
``(i) to foster greater accountability and transparency in
the use of covered funds, which shall have a uniform resource
locator that is descriptive and memorable; and
``(ii) that shall be a portal or gateway to key information
relating to the oversight of covered funds and provide
connections to other Government websites with related
information.
``(17) Coordination.--The Committee shall coordinate its
oversight activities with the Comptroller General of the
United States and State auditors.
``(18) Notice.--The Chairperson shall provide notice to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability
of the House of Representatives when designating or removing
an Inspector General from the membership of the Committee
under paragraph (4).
``(19) Rules of construction.--Nothing in this subsection
shall be construed to--
``(A) affect the independent authority of an Inspector
General to determine whether to conduct an audit or
investigation of covered funds; or
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``(B) require the Council or any Inspector General to
provide funding to support the activities of the Committee.
``(20) Authorization of appropriations.--
``(A) In general.--For the purposes of carrying out the
mission of the Committee under this subsection, there are
authorized to be appropriated $17,000,000 for each of fiscal
years 2026 and 2027 to carry out the duties and functions of
the Committee.
``(B) Report to congress.--Not later than 1 year after the
effective date of this subsection, the Chairperson shall
submit to the appropriate congressional committees a report
that details the anticipated future budgetary needs of the
Committee.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on September 30, 2025.
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